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Open source software
Overview Open source software refers to a computer program whose source code is distributed to the public along with a license that requires users of the program to comply with specific contract terms that will insure that open source software will remain open source. Those license terms generally require that the source code will be distributed along with the software, and that others will be allowed to modify and distribute the source code as desired. Some examples of open source software include the Linux operating system and Apache Web server software. Proponents For proponents, open source software is often viewed as a means to reduce an organization’s dependence on the software products of a few companies while possibly improving the security and stability of one’s computing infrastructure. Opponents For critics, open source software is often viewed as a threat to intellectual property rights with unproven cost and quality benefits. In addition, open source software is ordinarily accompanied by a license that requires users to maintain the program as open source.Natasha T. Home, "Open Source Software Licensing: Using Copyright Law to Encourage Free Use," 17 Georgia State Univ. L. Rev. 863 (2001). Some commentators have expressed concern that these licenses may overreach, converting proprietary programs into open source software even if only a portion of that program was derived from an open source originals.Christian H. Nadan, "Open Source Licensing: Virus or Virtue?,"10 Tex. Intell. Prop. L.J. 349 (2002). Others have suggested that open source licenses may not be legally enforceable, which would allow users to obtain and assert intellectual property rights pertaining to software that was initially distributed as open source.Dennis M. Kennedy, "A Primer on Open Source Licensing Legal Issues: Copyright, Copyleft and the Future," 20 St. Louis Univ. Pub. L. Rev. 345 (2001). Computer Security So far there appear to be no systematic analyses available that have conclusively compared closed source to open source software on the issue of security. In practice, computer security is highly dependent on how an application is configured, maintained, and monitored. Similarly, the costs of implementing an open source solution are dependent upon factors such as the cost of acquiring the hardware/software, investments in training for IT personnel and end users, maintenance and support costs, and the resources required to convert data and applications to work in the new computing environment. Consequently, some computer experts suggest that it is not possible to conclude that either open source or closed source software is inherently more secure or more cost efficient. Intellectual Property Rights Intellectual property rights, including copyrights, patents and trade secrets, present another possible set of concerns with respect to open source software. Although a particular computer program may be designated as open source, it remains possible that an owner of intellectual property rights may seek to enforce those rights against open source software developers and users.See James A. Harvey & Todd S. McClelland,"SCO v. IBM: The Open Source Benefits and Risks Are Real," 20 Computer & Internet Law., Sept. 2003, at 1. U.S. Government Policy The official U.S. federal government policy regarding the use of open source software by government agencies is described in a July 2004 Office of Management and Budget (OMB) memorandum on software acquisition, M-04-16 Memoranda for Senior Procurement Executives, Chief Information Officers, Software Acquisition. The memorandum states that the policies guiding government information technology investment decisions are “technology and vendor neutral” and that agencies’ technology choices “must be consistent with the agency’s enterprise architecture and the Federal Enterprise Architecture.” Agencies are also instructed to take into account a number of other merit-based factors, including information security, licensing requirements, and total cost of ownership. Implicit in these requirements is an expectation that agencies will also make choices based on the quality of the product. Category:Technology Category:Software